Thursday, 23 January 2014

How to save taxes on capital gains

All of us think about the best means to save taxes. When it comes to real estate, paying the taxes involve a considerable sum of money, which if saved, adds a lot of value to our accounts.
For understanding the best possible measures to save taxes, it is important to first understand capital gains. In simple terms, capital gains are the profits earned on selling a capital asset. Explaining the concept on Magicbricks’ user forum, Open House, an expert comments, “Under the provisions contained in the Income-tax Act 1961, capital gains tax is payable whenever profit is derived on selling a capital asset. If the item sold is not considered a capital asset, the gains raised out of the sale are not subject to income-tax. For instance, agricultural land in India, under certain facts and circumstances, is not treated as a capital asset as per the definition contained in section 2(14) of the Income-tax Act 1961.”
Types of cpital gain taxes
There are two types of capital gains in real estate – Short Term Capital Gains (STCG) and Long Term Capital Gains (LTCG). The date of registration of the flat is considered as the date to calculate the capital gains. When a property is withheld by a person for more than three Years (after the date of registration), it results in LTCG on sale of that property. However, if a property is withheld for less than two years, from the same date, it results in STCG which are added to the income of a person and tax is calculated according to the slab rates of Income Tax.
How to save these taxes?
“In case of Long Term Capital Gains, you are liable to pay 20 per cent of Capital Gains as tax. For example, if you bought a property for Rs 10 lakh and sold it for Rs 20 lakh after 3 years, you are subject to a gain of Rs 10 lakh, and thus liable to pay Rs 2 lakh as tax. In order to save this amount, you must re-invest your capital gains in either a residential property or Capital Gains Bonds,” says Subhash Lakhotia, Tax & Investment Consultant, R N Lakhotia & Associates
“Reinvesting the gains in a commercial property, agricultural land, plot or payment of loans does not help save taxes. However, tax could be saved if one invests in a plot and constructs a residential building within three years of selling the property,” adds Lakhotia.
Calculating the taxable gains
Capital gains are the final sum of profits earned on selling the asset. Expenditures such as stamp duty and registration charges, interests on home loans for which no tax deduction has been sought and renovation costs are deducted from the capital gains amount. Thereafter, whatever is the net amount of gain is considered the final taxable gain.
So now when you know that there are no means to save STCG taxes, it is always better to keep a long-term horizon of investment.
Courtesy: Magicbricks.com


Wednesday, 15 January 2014

Rent agreement: Why only for 11 months?

Ever wondered why rental agreements are made for 11 months? And why it is essential to have a rent agreement? Well, it is important to have a document that safeguards the interest of both the parties. A rent agreement, thus, is the best way to take a cautious approach.
First let’s understand what a rent agreement is. “A rental agreement is a legal contract that binds the owner of the property and tenant, which safeguards the interest of both the parties. The landlord must either be the owner of the property or a person having power of attorney from the owner,” says an expert on Open House. Explaining the importance of this agreement, he adds, “It is important as it protects the rights of a landlord as well as the tenant. As per a clause a tenant cannot sublease the property. Also, it prevents the unnecessary rent hikes and forcible eviction without prior notice of minimum one month.”
One reason stated for 11 month agreement is to skip the registration process. “As per the Registration Act, 1908, clause (d) of sub-section (1), registration of the property on lease for one year or more than a year is mandatory,” informs Sony Antony, managing partner of Maxxco.
So, what is the standard duration for this? Well, as per Magicbricks legal expert, the standard rent agreement is made only for eleven months. However, answering a query of a landlord whose tenant requires a 36 month rent agreement due to the HRA policy in his company, Augustine Joseph, another expert on the forum suggests, “ one can definitely execute the rental agreement for 36 month with some additional clauses, which include the following:
  • Average increase of 5-7 per cent on an yearly basis
  • Either party can terminate the rent agreement by giving a notice in three month advance without mentioning any reason for termination and conditions as standard.”
Answering the same query, another expert says, “It is not compulsory to make a rent agreement only for 11 months. Renewable/extendable agreements for three to five years can also be made and registered. However, the stamp duty and registration charges for longer duration may differ.”
Thus, in order to avoid any vexatious issues such as refusal to vacate the house when asked or disobeying the signed rules and regulation, rent agreement is a very crucial document. All you need to do is to visit the property registrar office, pay the stamp duty on the tenure of the lease and register the lease. Following these simple steps can help you getting into unwanted troubles.
So, get your property registered and enjoy the monthly rental income out of it!

Courtesy: magicbricks.com

Wednesday, 8 January 2014

Ahmedabad 2nd best affordable city to buy home

Ahmedabad is the second most affordable city to buy home among the top eight cities in India beating Mumbai and Delhi, says a survey. On the scale of affordability to rent, the city is ranked 5th showing higher rental value of the city. Ranking first, Hyderabad is the most affordable city both in terms of buying and renting a home. The other cities in the survey include Pune, Bengaluru, Kolkata and Chennai.
According to the survey, individuals who earn more than 12 lakhs per annum should opt for buying a property over renting in Ahmedabad. However, due to higher rental rates, it is the fifth place on the scale of affordability to rent. A middle income individual needs to save for at least five years to afford the down payment for the house. The city also offer good value for buyer’s money who can get around 20.18 sq.ft for every 1 lakh spent.
The average price of a 1,000 sq.ft. property in Ahmedabad can cost a buyer Rs.49.55 Lakh. On the other side, the average price of Rs.17,286 makes it less favorable to look for rent option. The NHB Residex (residential index) increased by 86 points since 2007 and recorded a 6 basis points increase over the last year. This is in sync with the increasing demand for residential properties in the city.
At income levels of as low as Rs 13 Lakh to as high as Rs 25 Lakh, a person can afford buying a house in Hyderabad. But those who earn less than Rs 8 Lakhs per annum are advised to rent.
Mumbai remains the most costly real estate market in India. It is ranked as the least affordable city both in terms of renting and buying a home. “One can afford to rent but cannot afford to buy a home in Mumbai”, reveals survey.
The survey was conducted by Hyderabad based financial advisor company ArthaYantra. The survey is based on the data collected from over 100 real estate agents across the eight cities and data from public sources such as National Housing Board (NHB) and real estate reports.
Affordability to buy home

1. Hyderabad
2. Ahmedabad
3. Pune
4. Bengaluru
5. Kolkata
6. Chennai
7. Delhi NCR
8. Mumbai
Affordability to rent home

1.Hyderabad
2. Pune
3. Bengaluru
4. Chennai
5. Ahmedabad
6. Delhi NCR
7. Kolkata
8. Mumbai
Source: The Times of India, Ahmedabad